After an accident, the priority is getting the right medical care and ensuring a smooth recovery. However, when the accident victim is a child or an adult who cannot make legal decisions, another critical step is appointing a Guardian Ad Litem. This court-appointed advocate protects the injured party’s rights, secures fair compensation, and ensures that legal decisions are made in their best interest.
What Is a Guardian Ad Litem in a Personal Injury Case?
A guardian ad litem (GAL) is a person the court appoints to make legal decisions for someone who cannot advocate for themselves in a personal injury case. This typically applies to minors or adults with cognitive impairments who need assistance handling legal matters.
The GAL ensures that any settlement amount offered is fair and that the injured person’s rights are fully protected.
Why Would an Adult Need a Guardian Ad Litem?
A guardian ad litem is not just for children. Adults may also require one if they are unable to manage their personal injury case because of:
- Severe brain injuries from car accidents or falls.
- Comas or other medical conditions that leave them unable to communicate.
- Cognitive impairments from dementia or other brain-related conditions.
For example, an elderly person with dementia who is injured in a slip-and-fall accident may not be able to make legal decisions. The court appoints a guardian ad litem—perhaps an adult child—to pursue the personal injury claim and ensure fair financial compensation.
Key Legal Responsibilities of a Guardian Ad Litem
A guardian ad litem has a legal duty to act in the best interests of the injured person throughout the personal injury case. Their responsibilities include:
- Ensuring medical expenses, lost wages, and long-term care are considered.
- Avoiding conflicts of interest and making decisions solely for the injured party’s benefit.
- Following all court approval procedures when negotiating or finalizing settlements.
Mistakes can be costly, so many GALs work with a personal injury attorney to ensure the process is handled correctly.
What to Expect as a Guardian Ad Litem
If you are appointed as a guardian ad litem, you will be responsible for:
- Making legal decisions that protect the injured person’s rights.
- Communicating about the case with medical professionals, attorneys, and the insurance company.
- Attending court hearings and settlement discussions to advocate for the injured party.
This role requires attention to detail and a strong commitment to securing the best possible outcome for the injured person. If you need help managing a claim as a GAL, contact our personal injury lawyers today!
Challenges You Might Face as a Guardian Ad Litem
Being a guardian ad litem comes with challenges, particularly if you are unfamiliar with the legal process. Common difficulties include:
- Understanding legal terms and procedures—the court system can be complex.
- Negotiating with the insurance company. The insurance company may try to settle for less than what the injured person needs for medical treatment and long-term care.
- Proving damages requires collecting medical records, expert opinions, and witness statements.
- The emotional difficulty, of making legal decisions for an injured child or loved one can be overwhelming.
- Time commitment, since being a GAL involves court hearings, attorney meetings, and gathering evidence.
How Courts Decide Who Becomes a Guardian Ad Litem
Courts prefer to appoint a parent or close family member as a guardian ad litem. However, if multiple people—such as divorced parents—want the role, the judge will determine who is best suited based on their ability to make fair and unbiased decisions.
If no suitable family member is available, the court may appoint a neutral attorney to act as a GAL. If you believe the court has made the wrong decision regarding a GAL appointment, you may petition for a review with the help of a personal injury attorney.
Can a Guardian Ad Litem Be Removed or Replaced?
Yes, a guardian ad litem may be removed or replaced if:
- The current GAL is acting against the injured person’s best interests.
- The injured person recovers and can represent themselves.
- There are disagreements regarding the Guardian Ad Litem’s decisions.
If you believe a GAL is mishandling a case, a personal injury lawyer can help petition the court for a review.
How to File a Personal Injury Claim as a Guardian Ad Litem
When a minor or incapacitated adult needs to file a personal injury claim, a guardian ad litem must be appointed first. Filing a personal injury claim that involves a guardian ad litem typically includes the following steps:
- Court Appointment – A responsible adult petitions the court to serve as the GAL.
- Case Review – The GAL works with a personal injury attorney to gather medical records and other evidence.
- Filing the Claim – The guardian ad litem files the lawsuit or insurance claim in the injured person’s name.
- Settlement Approval – Courts require court approval for settlements to prevent lowball offers from the insurance company.
This ensures the victim receives enough compensation for future medical care and other damages like pain and suffering.
Recommended Reading:
How Our Personal Injury Lawyers Can Help You
If you need a guardian ad litem in a personal injury claim, navigating the legal process can be overwhelming. Ensuring your loved one’s rights are protected, securing fair financial compensation, and dealing with the insurance company requires legal expertise. That’s where we come in.
At El Dabe Ritter Trial Lawyers, we advocate for accident victims and make the process as stress-free as possible. Our attorneys can:
- Petition the court for guardian ad litem status to properly represent your loved one.
- Gather and present evidence to strengthen the case, including medical records, expert testimony, and witness statements.
- Negotiate aggressively with the insurance company to secure maximum compensation for medical treatment, pain and suffering, and long-term care.
- Ensure court approval of settlements to protect against unfair or lowball offers.
- Represent you in court, if necessary, to fight for the best possible outcome.
No Upfront Costs – You Don’t Pay Unless We Win
Cost should never be a barrier to justice. That’s why we work on a contingency fee basis—meaning you pay nothing unless we win your case.
Don’t Wait—Protect Your Loved One’s Rights Today!
If you or a loved one needs a guardian ad litem in a personal injury claim, don’t wait. The statute of limitations in Los Angeles and throughout California may limit how long you have to file a claim! Contact El Dabe Ritter Trial Lawyers today for a free consultation and let us help protect your loved one’s future.
Call now or fill out our online form to schedule your free consultation. We will fight for the financial compensation you and your loved one deserve.
Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.
